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Received a County Court Business Centre claim form of a pending court case

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  • Hi all
    It's been a while. Please comment on my witness statement below. Going to court at the end of November. Thanks in advance.

    In the County Court at Bromley, College Road, Bromley, Kent, BR1 3PX

    Claim No.

    Between

    Vehicle Control Services Ltd (Claimant)

    and

    MR xxxxxx (Defendant)


    WITNESS STATEMENT

    I, xxxxxxxx, am the Defendant of this matter, the registered keeper of the vehicle in question on xxxxxx, and will say as follows:

    1. The facts of this statement come from my personal knowledge. Where they are not within my personal knowledge, they are true to the best of my information and belief.
    2. The claim relates to a charge notice (CN) that was allegedly posted to my address xxxxx.

    3. The first correspondence I’ve received from the Claimant was a Particulars of Claim on 10/12/2018. It was a ‘copy & paste’ form that merely provided some basic information, but not how the terms and conditions were breached, nor what contractual authority to operate there the Claimant has. (Exhibit 1)
    4. Unaware of any PCN Notice to Keeper, I have checked Powis Street Pay & Display Car Park using Google Maps, and I couldn’t remember ever parking on there.
    5. I drove to this car park and was very confused as the entrance board had a massive Excel Parking Services logo on it, as the majority of the signage boards presented on the alleged site. (Exhibit 2)
    6. I have tried to call on a Helpline telephone number, provided on the signage boards and found out that it belongs to Excel Parking Services, not the Claimant VCS.
    7. Then I’ve downloaded an official mobile application RingGO, for cashless payment on Powis Street Pay & Display Car Park. According this application the official operator of the mentioned above car park was Excel Parking Services. (Exhibit 3)
    I was very confused and couldn’t understand why VCS is claiming money, if the operator is a completely different company.
    8. Whilst I was the Registered Keeper of the vehicle concerned, there is no evidence of the driver and as this event has been resurrected from almost a year after, it is impossible to expect a keeper to recall who might have been driving.
    9. At the time in 2018, the car insurance covered more than one family member, who I have no obligation to name to a private parking firm. It remains the burden of the Claimant to prove their case. (Exhibit 4)
    10. There is no evidence to identify the driver. Even if the Court believes that a legible contract term was breached, I cannot be held liable because this Claimant has failed to comply with the statutory requirements set out in Schedule 4 of the Protection of Freedoms Act 2012 (‘the POFA’), which states that a Notice to Keeper (‘the NTK’) has to be served to the Registered Keeper (‘the RK’). (Exhibit 5) The Claimant has been put to strict proof to provide proof of postage that the NTK has been sent to the Defendant not later than 14 days after the vehicle was parked.
    11. It is apparent from court records reported in the public domain that this Claimant has been obtaining payments from keepers under false pretences - using the court as a cheap form of debt collection from the wrong 'registered keeper' parties - and has obtained default CCJs in the hundreds, despite never complying with the POFA 2012 and even bringing pre-POFA cases to the Courts.
    I believe that the facts stated in this Witness Statement are true.


    Defendant: Mr xxxx 20/10/2019
    Signature:
  • Coupon-mad
    Coupon-mad Posts: 130,634
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    A good start.

    This is very like any Albert Street witness statements (another car park where VCS issue PCNS yet the signs and tickets/paymets receipts say 'Excel'. So search the forum for the surname Zozulya and copy someone's Albert Street WS from before, as it will give you more. for example you want to explain that VCS and Excel are two different legal entities and this has been done before recently.

    You also need to add the words objecting to fake costs, and the Caernarfon VCS judgment about the added £60, as covered in post #14 in beamerguy's ABUSE OF PROCESS thread.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Le_Kirk
    Le_Kirk Posts: 22,162
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    In your point 4, you say "I couldn’t remember ever parking on there" yet in your very next point you say "I drove to this car park." Are you talking about the same incident or did you subsequently visit the car park for research purposes.
  • Thank you all for help here, VCS dropped the case! After posting my witness statement to them, received claimants Notice of Discontinuance few days later.
  • Le_Kirk
    Le_Kirk Posts: 22,162
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    Forumite
    Great news, a relief for you.
  • Coupon-mad
    Coupon-mad Posts: 130,634
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    dzeimsas13 wrote: »
    Thank you all for help here, VCS dropped the case! After posting my witness statement to them, received claimants Notice of Discontinuance few days later.

    Yay! ANOTHER ONE BITES THE DUST! :T
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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